82R21757 CJC-D By: Margo, Pickett, Marquez, Gonzalez H.B. No. 3462 Substitute the following for H.B. No. 3462: By: Smith of Harris C.S.H.B. No. 3462 A BILL TO BE ENTITLED AN ACT relating to the board of hospital managers of the El Paso County Hospital District. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 281.021(e), Health and Safety Code, is amended to read as follows: (e) The El Paso County Commissioners Court shall appoint a board composed of seven members, and shall by order provide for the qualifications of appointees to the board and for approval to the board following notice and public hearing. SECTION 2. Subchapter B, Chapter 281, Health and Safety Code, is amended by adding Section 281.0222 to read as follows: Sec. 281.0222. QUALIFICATIONS FOR OFFICE. (a) This section applies only to the El Paso County Hospital District. (b) The El Paso County Commissioners Court may not appoint a person to the board of hospital managers of the district if the person is: (1) an employee of El Paso County; (2) a district employee; (3) a party to a contract with the district to provide goods or perform services for compensation; or (4) related within the first degree of consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code, to a member of the commissioners court or to a person described by Subdivision (1), (2), or (3). SECTION 3. Section 281.031, Health and Safety Code, is amended to read as follows: Sec. 281.031. REMOVAL OF BOARD MEMBER. (a) A member of the board of hospital managers of the El Paso County Hospital District is considered to have resigned the member's position if the member: (1) is absent from all the regularly scheduled board and committee meetings that the member is eligible to attend during a 90-day period; [or] (2) is absent from more than half of the regularly scheduled board and committee meetings that the member is eligible to attend during a 12-month period; (3) fails to pay a local tax, including an ad valorem tax, when due; or (4) would be ineligible to serve on the board as provided by Section 281.0222. (b) A resignation under Subsection (a) is effective immediately on the date the conduct or disqualification [absence or refusal] prescribed by Subsection (a) occurs or is determined. SECTION 4. The changes in law made by this Act apply only to an appointment to the board of hospital managers of the El Paso County Hospital District made on or after the effective date of this Act. An appointment to the board of hospital managers of the El Paso County Hospital District that occurs before the effective date of this Act is governed by the law in effect at the time the appointment was made, and the former law is continued in effect for that purpose. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.